Samsung destroyed evidence twice, Apple wants to tell the jury

Court is not a place where your secrets stay hidden. Any skeletons in your closet are revealed for the jury, and perhaps the rest of the world, to see. Take Samsung. The Korean based company has a little secret that it would rather the jury didn't hear about.And guess who wants to blab about it all over the courtroom? Apple on Tuesday filed a motion with the court in an attempt to overrule Samsung's objection about allowing the jury to learn about the Korean manufacturer's erasure of emails that were supposed to be held as evidence. That little secret we alluded to? This wasn't the first time that Samsung had erased emails that were supposed to be court evidence.

While Samsung did delete email that it was ordered to hold as evidence for the current trial, the same thing occurred in 2004 in a district court in New Jersey. In that case, the court issued "adverse inference instructions" against Samsung because it did not prevent its email deletion policy from removing emails that were supposed to be saved as evidence.

Samsung has produced no emails from the lead designer of the Samsung Galaxy S, Lee Min-hyuk

Samsung has argued that the Magistrate Judge who ruled that the jury could hear about the Korean based firm's penchant for deleting evidence ruled incorrectly and that the jury should not be allowed to hear about this evidence spoilation in court. Apple says that Samsung has no legal footing in the matter and has asked Judge Lucy Koh to overrule Samsung's request.

For its part, Apple says that destruction of the emails might have destroyed evidence that might have been important to Apple's case. The Magistrate Judge, Paul Grewal, agreed that Samsung wronged Apple when it "continued throughout this case automatically to delete e-mails." Apple even gave an example of how the deleted emails can hurt them. Apple claims that Lee Min-hyuk, the principal designer of the Samsung Galaxy S that Apple says copied the iPhone, will testify but none of his emails were produced from his files by Samsung. Apple states that such email once existed because Samsung produced 75 of them after Lee received a notice to retain all documents, and because other custodians of the email kept them.

2.Aeires (unregistered)

This is rich coming from the company that forced a key witness to "retire" one month before the trial began. Come on really? If the judge is going to allow this they should also let the jury know about the Apple employee that suddenly retired. Samsung's employee is going to testify Apple's employee won't even be in the courtroom.

Oh my God, you guys. No one copied Apple. We're talking about rectangles with buttons here. No one design even comes close to the other, I'll be the first to admit it. This is ridiculous. Unless the design is a complete rip off of another thing, then it's NOT IMPORTANT.
I wish this would end so you all would STOP BITCHING.

how is it worse? You dont know what was said. All you can do is paint a picture about what was possibly said.. which is conjecture.. which is inadmissible.

However a direct, apple drawn copy of Sony's design which is very very similar to the iphone's final appearance is VERY damning to their own evidence that they are original and deserve patent protection on rounded rectangles.

I say let Apple talk about it, let Samsung explain their auto-dump security system.. but at the same time Let samsung's F-700 and "iSony" proof in as well. That would be "fair".

Yes the fact that they deleted the evidence is pretty damn bad. You're exactly right, we have no clue what those documents said, which is why it's so bad!

Didn't Apple show that they've been working on the design well before Sony's design came in. The original iPhone looks tons more like the Project Purple than it does the ugly Sony mock-up.

And I think Samsung is deviating from the main point. They should be trying to prove that the Samsung Galaxy devices don't copy the iPhone. Instead they'refocusing a lot of their energy with this whole Sony deal to try to show that Apple copied Sony, thus invalidating the patent (which should be a whole different issue). Are they saying that they didn't copy the iPhone or that they did but it doesn't matter because Apple shouldn't have gotten the patent anyway since it's not theirs?

So, what we have seen is that Apple, Sony and Samsung all had designs with rounded corner rectangle slabs before the iPhone was released. Sounds like the natural evolution of the market, not copying of a unique design...

Yes Apple showed they had the design well before Sony. Fandroids could care less about facts. They're still claiming the razr outsold the iPhone on VZW even though it was proven the iPhone was #1 again.

The older instance has no bearing on this case, but if emails were destroyed for this case, I see no reason they shouldn't be revealed to the jury. Samsung should explain what happened.

At the same time, Apple's former designer Shin should be compelled to testify, since he was directly involved in Apple using Sony designs to come up with iPhone ideas. The whole sudden retirement, he's too sick to testify but not too sick to run marathons crap shouldn't fly.

And since Apple brought up the F700, Samsung should be allowed to enter it into evidence.

It wouldn't have been deleted unless they have something to hide... Automatic deletion or not, they should have known, and there's in all likelihood some type of checklist companies go through with impending lawsuits that instructs them on the proper actions they should take to at least maintain their integrity.

Many companies have this policy but I've never heard of something as extreme as 20 days like Samsung has. I however find it hard to believe that someone at the level of a Principle Engineer didn't backup his emails to PST files or Islands I believe they are called in the lotus notes world. Most of these blame should be on this particular engineer as anyone in engineering would know have everything in writing because when bullets start flying later on they are your ammo.

I just don't understand why apple is wasting millions and millions of dollars trying to run Samsung into the ground... Why not take those funds and invest them into jumping ahead of the curve instead of just catching up every November.

Well, if Apple wants to bring something not related to the case on hand, Samsung should be allowed to do the same. It's not like there aren't skeletons in Apple's closet.
With Judge Lucy Koh presiding over the bench though, I doubt they are given the reciprocation.
Koh's gotta go. She's either blatantly for Apple or just totally inept. Samsung's well on their way to botching their own case, we don't need the judge ushering it along.

Because of Koh's Korean descent, I believe what she is doing is trying to show that she isn't going to favor Samsung because of her heritage, but in the end that is still a travesty of justice when a judge is partial to one side over another in the blatant manner she has shown.
Then to, there's also her husband's business ties. That should have been deemed a conflict of interest from the start.
At best this should be declared a mistrial, at worst Lucy should be removed from the bench.

LOL,. there's nothing left original in this world,... all just innovations,... and if your product is great there is nothing to worry about,.... even they copy it,... just create a new one that will stand-out the rest,... ----anyway they just want our money----

All content (phone reviews, news, specs, info), design and layouts are Copyright 2001-2015 phoneArena.com. All rights reserved. Reproduction in whole or in part or in any form or medium without written permission is prohibited! Privacy . Terms of use . Cookies . Team